Puntland Water Resources Act.

This Act makes provision for the conservation and development of water resources in Puntland. The Act consists of 95 articles divided into 16 sections. The purpose of this Act is to "increase access to water in an equitable and sustainable manner in different forms of utilization, while following the most appropriate environmental protection measures". it, among other things, defines the rights and obligations of individuals concerned socially and economically with the proper use of water, and in line with the development and well-being of the community. It also defines the duties of the Puntland State Authority of Water, Energy and Natural Resources (PSAWEN) in respect of water supply, infrastructure and the control and conservation of water resources. PSAWEN shall manage in a responsible manner and develop the public water infrastructure and other properties entrusted to it by the government Puntland.
All water resources in the country are public property owned by the Puntland community, held in control by the government and ought to be used equitably. As to water rights, this Act recognizes existing water traditional ownership laws that do not conflict with the provisions of this Act. Any person holding a traditional right of water ownership may register such rights. exclusive possession of water resources is in principle prohibited. water rights shall be registered by PSAWEN. In every district a water officer shall be appointed, who shall be responsible for the preparation, storage, review of water rights records of the district. The Register shall issue a registration certificate stating the characteristics of the water rights registered by the applicant. Disputes over water rights shall be solved by a community jury. If this fails, the case shall be forwarded to the competent court.
The (commercial) production and service of water resources shall be licensed by PSAWEN. The Act sets out the considerations that must be taken into account by PSAWEN when issuing a licence. The licence may imply certain rights to land. Exceptionally, a licence may be issued by the Council of the Government. A water extraction licence cannot be issued if it poses a threat to the natural environment. Ownership of water supplies (rights to water) may be transferred from PSWAEN to local authorities but this may be revoked if the local water authority is unable to properly provide water service, which "impedes access of water supply". The Act deals with (principles for) investment in water supply infrastructure at the local level. It also deals with urban and rural water supply separately and the monitoring of water resources.
One section of the Act is dedicated to livestock watering and relating water rights. The Act expressly recognizes, legitimizes, authorizes, and approves the traditional rural water rules of use. The right of livestock to access a water source is indicated by the traditional laws in the area where the water source occurs. This rule mandates that the community elders. Disputes shall be traditionally resolved or otherwise referred to a district court. The right of livestock drinking water obligates that livestock should have access to land without being asked rent or blocked, according to customary law in effect there. Generally planning and regulating water resources is the responsibility of the Agency responsible for Water Affairs. In the case of livestock water source points which may have a negative impact on the environment, the responsible Agency will consult with the Ministry of Rural Development and Environment, and the Ministry of Animal husbandry, to prevent desertification and problems which impact negatively the environment. creation of new water source in rural areas (shallow wells, drilled wells, ponds and reservoirs) requires a permit from specified ministries. The agency responsible for the development and protection of the rural environment, in consultation with District level representatives of the ministries of water and livestock, may declare the closure of a specific area, which it considers to be endangered by conditions of desertification, because of the proliferation of rural water points.
Also, irrigation shall be regulated traditionally. In the event of a severe water shortage, or impossibility of sharing available water, then it will be followed the coming priorities: a. people; b. livestock; agriculture. The agency responsible for water issues is responsible for planning and managing the water resources needed for irrigation, in consultation with the Ministry of Agriculture and the Ministry of Rural and Environmental Development.
PSAWEN shall define hygiene standards around drinking water points and personnel hygiene in consultation with the Health Authority. Districts must implement water quality protection programs outlined in the operating agreement. They shall also be responsible for ensuring compliance with water quality standards. Ultimate responsibility for quality of supplied water lies with the service provider.
The Act provides in detail for the protection of groundwater from over-exploitation and contamination. When PSAWEN is satisfied that a water resource is vulnerable, it may take necessary steps to protect that area of water catchments or any part of it. PSAWEN may impose conditions, and restrictions or limit movement, in or around the surrounding land, as PSAWEN considers necessary to protect that land and its water resources. The Act furthermore provides for various fees, water reserves (water conservation zones), water user associations, expropriation for development water sources for public interest and compensation for expropriated land, burdens on private land, offences and penalties.